1. What Green Card options are available for Afghan and Iraqi nationals employed by the U.S. Government?

Afghan and Iraqi nationals employed by the U.S. Government may be eligible for the Iraq and Afghanistan Special Immigrant Visa Program (SIV). This program allows certain Afghans and Iraqis who have provided faithful and valuable service to the U.S. Government in Iraq and Afghanistan to apply for a Green Card in the United States. Eligible applicants include translators, interpreters, cultural advisors, and other workers in Iraq or Afghanistan who have provided support to the U.S. Government for a minimum of one year. Applicants must complete the appropriate forms and submit them to the U.S. Citizenship and Immigration Services (USCIS).

2. Are Iraqi and Afghan nationals employed by the U.S. Government eligible for the SIV program?

No, Iraqi and Afghan nationals are not eligible for the Special Immigrant Visa (SIV) program. The SIV program is only available for nationals of Iraq and Afghanistan who meet certain criteria, including those who have worked as interpreters/translators for the U.S. government or its contractors.

3. How long does it typically take to obtain a Green Card through the SIV program?

The average time to process a Green Card through the SIV program is typically between 6-18 months. However, it can take longer depending on the individual case.

4. What documents are required to apply for a Green Card through the SIV program?

In order to apply for a Green Card through the SIV program, applicants must provide the following documents:

1. Completed application for naturalization ( Form N-400).

2. Completed application for adjustment of status (Form I-485).

3. Passport or travel document valid for at least six months.

4. Two passport-style photographs.

5. Medical examination results from a designated civil surgeon.

6. Proof of honorable service in the U.S. Armed Forces or in a qualifying alternative service organization.

7. Proof of completion of any military training required for veterans, if applicable.

8. Proof of physical presence in the U.S., such as supporting documents showing at least one year of residence in the United States prior to filing the application (e.g., utility bills, school transcripts, leases, etc.).

9. Supporting documents showing any periods of temporary or permanent residence abroad (e.g., passport stamps, visas, etc.).

10. Military records showing service in qualifying locations and times (if applicable).

5. Are there any restrictions on where an Afghan or Iraqi national can live after obtaining a Green Card?

Afghan and Iraqi nationals are not subject to any restrictions on where they can live after obtaining a Green Card. As a holder of a Green Card, they are allowed to live in any state or territory of the United States. They may also be eligible for certain benefits, such as the ability to work, obtain certain types of federal aid, obtain a driver’s license, and much more.

6. Does the SIV program have a deadline for applications?

Yes, the SIV program does have a deadline for applications. The deadline for applications is typically the end of November each year.

7. Is a job offer from a US employer necessary in order to qualify for a Green Card through the SIV program?

Yes, a job offer from a US employer is necessary in order to qualify for a Green Card through the SIV program.

8. Does the employer need to provide additional information in order to support an employee’s SIV application?

Yes, the employer must provide additional documentation to support an employee’s SIV application. This includes a signed statement from the employer indicating the employee’s current employment status, a detailed job description, and salary and benefits information. The employer must also provide documentation verifying their identity and affiliation with the company as well as evidence of the business’s financial stability. Additionally, the employer may need to supply additional documents depending on the circumstances of the employee’s application.

9. Are there any other programs available to Afghan and Iraqi nationals employed by the U.S. government?

Yes, the Department of State’s Special Immigrant Visa (SIV) Program is available for Afghan and Iraqi nationals who worked with the U.S. government in either country. This program provides a pathway to lawful permanent residence in the United States for eligible individuals and their family members.

10. Can an Afghan or Iraqi national apply for a Green Card through the visa waiver program?

No, Afghan and Iraqi nationals are not eligible for the visa waiver program. They must apply for a Green Card through the usual process, which involves being sponsored by a U.S. citizen or lawful permanent resident, and obtaining a visa through the U.S. Department of State.

11. What is the process for applying for a Green Card through the visa waiver program?

The process for applying for a Green Card through the visa waiver program is as follows:

1. Submit an ESTA application: To be eligible for the Visa Waiver Program, you must first apply for and receive authorization from the United States Electronic System for Travel Authorization (ESTA). ESTA is an automated system used to determine the eligibility of visitors to travel to the United States under the Visa Waiver Program.

2. Pay the USCIS fee: After you are approved for ESTA, you must pay a fee to the U.S. Citizenship and Immigration Services (USCIS) for your Green Card application. The fee amount depends on the type of visa you are applying for and may be paid with a credit card or debit card.

3. Gather supporting documents: Depending on your country of origin, you may need to provide additional documents to support your application. Documents can include proof of financial means, proof of identity and other documents that demonstrate that you meet all the requirements to enter the United States under the Visa Waiver Program.

4. Submit your application: Once your form and all supporting documents are complete, submit them to the USCIS along with your fee payment. USCIS will review your application and may request additional information or evidence from you before making a final decision on your Green Card application.

12. Are there any restrictions on who can travel to the United States under the visa waiver program?

Yes, some restrictions do apply. To travel to the United States under the Visa Waiver Program, travelers must meet certain requirements. Those requirements include: holding a valid Electronic System for Travel Authorization (ESTA) approval prior to travel, being a citizen or national of one of the participating countries, having a passport valid for six months beyond your planned stay in the U.S., and having a round-trip ticket and sufficient funds for the duration of your stay. Additionally, travelers must not be seeking to stay in the U.S. for longer than 90 days, and they must not have been denied a visa or previously been removed from the United States.

13. How long does it take to receive a Green Card through the visa waiver program?

A Green Card through the visa waiver program typically takes about 6-8 months to receive.

14. What types of jobs are eligible for the special immigrant visa (SIV) program?

The SIV program is for certain foreign national employees of the U.S. government abroad who have experienced or are experiencing an ongoing serious threat as a consequence of their employment. Eligible jobs include: Military and civilian personnel of the U.S. government (including employees of the U.S. Department of Defense, the U.S. Department of State, the U.S. Agency for International Development, and other U.S. government agencies); International organization employees; and Employees of a US-based media organization (including broadcasters, journalists, editors, and more).

15. Are there any medical requirements to qualify for a Green Card through the SIV program?

Yes. Applicants for the SIV program must meet all the medical requirements of the U.S. immigration laws, including a physical examination by a doctor authorized by the U.S. government. Applicants must also submit proof of vaccination against certain illnesses as required by U.S. law.

16. Are there any language requirements that must be met in order to qualify for a Green Card through the SIV program?

Yes, applicants must demonstrate English language proficiency on the U.S. Citizenship and Immigration Services (USCIS) English language proficiency test or demonstrate knowledge of a language specified in the SIV regulations or have an accredited foreign language degree.

17. Are there any educational requirements that must be met in order to qualify for a Green Card through the SIV program?

Yes. In order to qualify for a Green Card through the SIV program, applicants must have either a high school diploma or equivalent, or have completed two years of college, vocational school, or a combination of education and work experience that is equivalent to two years of college.

18. Can an Afghan or Iraqi national be denied their request for permanent residence under the SIV program?

Yes, an Afghan or Iraqi national can be denied their request for permanent residence under the SIV program. The U.S. Citizenship and Immigration Services (USCIS) considers a variety of factors when determining an individual’s eligibility for the SIV program, including whether the applicant has had a significant and verifiable contribution to the reconstruction or stabilization of their country, and whether they have been persecuted or fear persecution in their home country.

19. What is the criteria used by United States Citizenship and Immigration Services (USCIS) when processing applications under the SIV Program?

The USCIS uses a three-step process to review applications under the SIV Program:

1. Eligibility: USCIS will first review an applicant’s eligibility for the program by verifying that they were employed by or on behalf of the U.S. government in Iraq or Afghanistan in support of the U.S. mission and were directly affected by hostile threats in that region.

2. Suitability: USCIS will then review the applicant’s suitability for the program by evaluating factors such as criminal history, national security considerations, and public safety concerns.

3. Adjudication: Finally, USCIS will adjudicate the application by reviewing all submitted evidence and making a final decision to approve or deny the application.

20. Does an applicant need to provide proof of past employment or service in order to apply for a Green Card through the SIV Program?

No, an applicant does not need to provide proof of past employment or service in order to apply for a Green Card through the SIV Program. However, applicants must provide evidence that they are a foreign national who was employed or served in Iraq or Afghanistan in support of U.S. efforts.